Cates v. Swain

Same-sex unmarried cohabitants Swain (plaintiff) and Cates (defendant) moved between homes over several years, with Swain repeatedly contributing significant funds — including $34,000 in home-sale equity, $5,000 in closing costs, and $4,495 for carpeting — toward homes purchased and titled solely in Cates's name; when the relationship ended, Swain sued for unjust enrichment and sought a constructive or resulting trust in the final Mississippi home. Cates claimed the payments were loan repayments, and the trial court rejected the trust theories but found unjust enrichment, awarding Swain the value of her contributions; the court of appeals reversed entirely, reasoning Mississippi wouldn't enforce implied contracts arising from unmarried cohabitation, and the Mississippi Supreme Court granted certiorari.

Whether an unmarried cohabitant has a claim for unjust enrichment against a former partner when retention of readily identifiable financial contributions by one party would inequitably benefit that party.